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Frivilous Lawsuits

Frivilous Lawsuits

Posted Jan 22, 2004 15:10 UTC (Thu) by Luyseyal (guest, #15693)
Parent article: Report from the SCO front

Since my stupid fellow Texans passed malpractice award caps on non-material damages in the last constitutional amendment election, I'm feeling pretty vindictive. How about a cap on damages from frivilous business lawsuits? Maybe we could finally do away with the courtroom revenue model.

Annoyed,
-l


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Frivilous Lawsuits

Posted Jan 22, 2004 16:11 UTC (Thu) by pflugstad (subscriber, #224) [Link]

Heh - loser pays fixes a LOT of problems...

See Overlaywered.com, here, and here, which actually mentions some recent Texas reforms (well, last June) and seems fairly positive about them.

Until you take the money out of the law, you won't fix anything.

Frivilous Lawsuits

Posted Jan 24, 2004 4:45 UTC (Sat) by giraffedata (subscriber, #1954) [Link]

It's already there. The cap on damages for a frivolous lawsuit has always been zero.

By definition, if a judge agrees that the plaintiff is legally owed money, the lawsuit wasn't frivolous.

Actually the cap is sort of negative. In many jurisdictions, when you sue and lose, and are additionally found to have sued frivolously, you have to pay the defendant.

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